Page:United States Statutes at Large Volume 45 Part 2.djvu/770

 2146 Indemnity. PARCEL POST CONVENTION-MACAO. XII. Indemnity. May 21, 1927. July :lg, 1~7. AlIOll'llI1C6 to sender. 1. Except in cases of loss or damage through force majeure (causes &~nd control) as that term is defined by the legal decisions or. gs o~ the country in the service of which the damage or loss occurs, when a registered or insured parcel has been lost, rifled or damaged the E~nder, or other rightful claimant, is entitled to an indemnity corresponding to the actual amount :)f loss, riflin~ or damage i based on the actual value at the time and place of mailing of the 088, rifled, or dll.maged article, unless the loss, rifling, or damage has arisen from the fault or negligence of the sender or the addressee or of the representative of either or from the nature of the article, provided that the indemnity shall not exceed the sum for which the required registration or insurance fee was paid in the coun- try of origin. de;'?~!un TarmstroBot (talk) In the absence of special agreement to the contrary between the a party hereto. countries involved (which~greement may be made through corre- spondence) no indemnity will be paid by either country for the loss, reifling, or damage of transit re~stered or insured parcels, that is, registered or insured parcels origmating in one of the two contracting countries or a third country addressed for dalivery in some other bf country not a party to this Convention. Loss y orcelDB.leure. 2. Neither Administration is bound to pay indemnity in case of loss or damage due to force majeure under any particular definitions of that term unless the other Administration will llSSume liability reciprocally under the same definitions of the term, although either country may at its option and without recourse to the other coun- try, pay indemnity for losses or damages occurring through force majeure under any definition of that term. Parcels forwarded to I . d. ed el" . . a third oountry. 3. n case a regIStere or msur parc ongmatin~ m one country and addresses for delivery in the other country IS forwarded or returned from the country of original address to a third country, the rightful claimant shall be entitled to only such indemnity, if any, for any loss, rifling1 or damage which occurs subsequent to the rooespatch of the parcel in the country of original address, as the country in which the loss, rifling, or damage occurred is willing or obHgated to pay under any agreement in force between the countries directly involved in the forwarding or return. Neither country adhering to this Convention which improperly forwards a registered or insured parcel to a third country, sh8.ll be responsible therefor to the extent of the liability of the country of ori~ to the sender Claim to be lIIed. within the limit of i'ldemnity fixed by this Convention. 4. No application for indemnity will be entertained unless 8. claim or an mitial inquiry, oral or written, shall be med by claimant or his representative within a year commencing with the day fol- lowing the posting of the registered or insured parcel. No oompeusBtion for 5. No compens! ~tion shall be given for loss, injili' or damage Indirect loss, etc. •al . . dir tl. . f 1 consequenti upon, I. e ., m ec y ansmg rom, t e OSS, non- delivery, damage, misdelivery, or delay of any registered or insured Mtt t It! d parcel transmitted under this Convention. tOin~e:nft~. ent e 6. No indemnity will be paid for registered or insured parcels which contain matter of no intrinsic value nor for perishable matter or matter prohibited transmission in the parcel-post mails exchanged between the contractin~ Administrations, or which did not conform to the stipulations of thiS Convention, or which were not posted in the manner prescribed, but the country responsible for the loss, rifling, or damage may pay indemnity in respect of such parcels without recourse to the other Administration. Reimbursement of 7. Either of the Administrations may at its option reimburse the postage, etc., on loss of • • h f 1l' bld f parcels. nghtful claimant m t e event 0 comp ete oss, Irrepara e amage 0

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